News on extensions

RDL 28/2026 and RDL 29/2026

Recently, two royal decrees have been approved that significantly affect residential leases: Royal Decree Law 28/2026, of October 6, which adopts urgent measures to reinforce the stability of rental contracts for primary residences, and Royal Decree Law 29/2026, of October 6, which adopts urgent measures for the protection of the social function of housing and the expansion of the supply of affordable housing.

Although both have been published in the BOE of October 7,2026, the entry into force of RDL 28/2026 has been postponed until November 15,2026. This regulation includes:

• A new automatic extension of rental contracts for primary residences for periods of 5 or 7 years (if the landlord is a natural or legal person, respectively), if neither party says anything.

• A mandatory compensation, in favor of the tenant, in case the landlord decides not to renew the rental contract.

On its part, RDL 29/2026, in force since October 8,2026, incorporates news regarding the extensions of rental contracts for housing. See them below.

 

Extraordinary extensions

Two more years

The tenant may request that the rental contract be extended for periods of one year, up to a maximum of two more years. During that extension, the same rent and the rest of the conditions of the current contract will be maintained. For it to be requested, the following requirements must be met:

• There must be a rental contract for a primary residence that is subject to the Urban Leasing Law (LAU) of '94 and that is in force on October 8,2026. In addition, the initial duration period of said contract, of mandatory or tacit extension, must end before December 31,2028. Contracts that, on that date, are in tacit renewal may also benefit from this extension.

• The tenant must be up to date with rent payments both at the time of requesting the extension and during the previous eight months.

• The extension is not automatic: the tenant must request it from the landlord.

However, keep in mind that the landlord will not be obliged to accept this extraordinary extension in the following cases:

• If both parties agree on different conditions to continue the rental.

• If they agree to renew the contract or sign a new one with a rent at least 5% lower than what the tenant was paying.

• If the landlord proves that they need the housing for themselves or for the relatives indicated by law, even if this possibility has not been included in the contract.

 

It does not apply

There are certain situations in which this extraordinary two-year extension is not applicable:

• If the housing is located in a stressed area, the application of the extraordinary annual extension of up to three years (which was already provided for in the previous LAU to RD 29/2026) will be preferred.

• If the tenant is in a situation of economic and social vulnerability, they may request the extraordinary extension of one year in duration, also provided for in the LAU.

 

Our professionals are at your disposal to advise you on all these new developments, resolve any doubts, and assist you in your specific case.